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Competing Narratives in a Case Biography: A Tale of Two Citadels / Caroline Jones, Jonathan Montgomery

Journal of Law and Society, Volume: 47, Issue: 3

Swansea University Author: Caroline Jones

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DOI (Published version): 10.1111/jols.12237

Abstract

This article focuses on a pilot project concerning the uses of case biography methods for socio-legal studies in health care law. Drawing on ‘paths to justice’ studies, network analysis and legal archaeology, we develop a case study of AC v Berkshire West Primary Care Trust. This approach led us to...

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Published in: Journal of Law and Society
ISSN: 0263-323X 1467-6478
Published: Wiley
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URI: https://cronfa.swan.ac.uk/Record/cronfa53744
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Abstract: This article focuses on a pilot project concerning the uses of case biography methods for socio-legal studies in health care law. Drawing on ‘paths to justice’ studies, network analysis and legal archaeology, we develop a case study of AC v Berkshire West Primary Care Trust. This approach led us to a feature commonly overlooked in legal literature, concerning the way in which the judicial determination of a case involves suppressing one or more possible narrative constructions of the dispute in favour of another/others. Our case biography analysis explores how competing narratives can be traced not only through legal argument and literature, but also through the personnel involved, in ways that are obscured by formal records. Paying attention to biographical features leads to a richer understanding of cases, including the importance of pre- and post- judicial decision-making aspects.
Keywords: case biography, methodology, socio-legal, narrative, paths to justice, network analysis, legal archaeology, NHS rationing, transgender
Issue: 3